San Diego terrorism case takes lawyers to Africa

San Diego  The federal prosecution in San Diego of four Somali immigrants on charges that they supported the terrorist group al-Shabaab will take an unusual detour this month with defense lawyers and prosecutors traveling to the Horn of Africa to interview witnesses.

In an usual move, defense lawyers for the four men have set up videotaped depositions of eight witnesses — all of whom the lawyers say are crucial to the defense but unwilling or unable to travel to the U.S. for a trial, now set for next year.

While it’s uncommon for testimony to be taken in this way, federal court rules allow it. Defense lawyers have been seeking permission to make the trip since the summer, contending the witnesses can refute key elements of the case against their clients.

The depositions will take place in a hotel in Djibouti, a small republic on the Gulf of Aden wedged between Somalia, Eritrea and Ethiopia. They are scheduled for Nov. 11 to Nov. 15, according to court records.

A federal grand jury indicted the four men — Basaaly Moalin, Issa Doreh, Mohamed Mohamud and Ahmed Mohamud — in 2010 on charges of conspiracy and providing material support to a terrorist organization. They have all pleaded not guilty.

A trial was initially scheduled for last month before U.S. District Judge Jeffrey Miller, but it was rescheduled for January in large part because of the witness depositions in Africa.

Prosecutors with the U.S. Attorney’s Office in San Diego allege the defendants raised about $8,000 and sent it to Somalia for al-Shabaab between February and July 2008.

Federal authorities have designated al-Shabaab as a terrorist organization. They have said the group is a militia with ties to al-Qaeda and wants to establish an Islamic state in war-torn Somalia.

Prosecutors allege that Moalin, a cabdriver, was the coordinator of the fundraising efforts in San Diego. Wiretap recordings of phone calls form the core of their case.

The government says the wiretaps captured Moalin speaking on several occasions with a man named “Sheikalow.” Prosecutors contend that man is Ayden Arrow, an al-Shabaab fighter.

But lawyers for Moalin say that a man named Hassan Guled is actually Sheikalow. Guled will testify that he was a police commissioner in Somalia who spoke to Moalin about raising money for the police force there.

A second witness, a man named Farah Shidane, who the defense wants to testify, has been identified by the U.S. government as an unindicted co-conspirator who received money transfers and is associated with al-Shabaab. Defense lawyers said his testimony would refute such a connection, and is central to the men’s defense.

Last week, the defense lawyers sought a court order to guarantee “safe passage” for Shidane from the U.S. government. Essentially, they wanted a promise that Shidane would not be arrested or detained when he showed up at the depositions.

Defense lawyers argued that prosecutors indicated he risked arrest or being detained. U.S. Magistrate Judge William V. Gallo denied the court order request.